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HomeMy WebLinkAboutMinutes City Council - 01/22/1964 - SpecialPRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. ae. • CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING January 22, 1964 4000 p.m. City Manager Herbert W. Whitney Asst City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Barnard announced the purpose of the meeting to hold public hear- ings on 5 zoning cases, and explained the procedure to be followed, Mayor Barnard announced the public hearing on the application of William N. Parr, Jr. and Fred P. Massey for a change of zoning from "R -1B" One - family Dwelling District to "AB" Professional Office District, on all of Lot 11, Block 5, Sherwood Park #1, being on the southeast right-of-way line of Weber Road near Robinhood Drive. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing Mr. Perry Burkett, attorney, representing the applicants, had appeared in support of the request and had stated that Jack B. Rohde, 6014 Lucille Street, was re- placing William N. Parr, Jr, as co -applicant; one person had appeared in opposi- tion to the request; stated that 29 notices were mailed out, one written return was received in favor and one against the request, and one letter was received in opposition since that time; and that the recommendation of the Zoning 8e Plan- ning Commission was that the change of zoning be denied on the basis that approval would constitute spot zoning and the proposed use is incompatible with the ad- jacent areas. Mr. Lake presented the layout of the building and property. Perry Burkett, attorney representing the applicants, pointed out the existence of the structure,. in 1944 and at the time the area was taken into the City; that the area was later subdivided in smaller tracts, and two lots behind this house lot incorporated in a separate plat in 1960; that the application is for the purpose of operating the subject property as a child's day nursery; that for 6 months the house and property have been unsaleable for residential purposes due to the size of the house in relation to the area; that there has been vandal- ism lately and the locks on the house have been changed twice; that the child's • City of Corpus Christi, Texas Special Council Meeting January 22, 1964 Page 2 day nursery is the best use for the property under the circumstances; and that the applicants will be able to accomplish this purpose under a Special Use Permit and are willing to comply with all reasonable regulations imposed by the Council, rather than leave the property vacant and idle as an avenue for destructive per- sons. Mrs. James R. Glover, 4009 Robinhood, presented a letter of approximately 30 signatures, strongly opposed to "AB" Professional Office District reclassifica- tion of the subject property. It was noted that at the Commission hearing, W. L. Haler, appearing in opposition to the request, had stated that he and his neighbors whom he had con- tacted would also be opposed to a Special Permit. Commissioner Wallace stated that he would be inclined to favor a Special Permit in spite of the opposition raised in view of the fact that the area of re- quest is becoming an eyesore and this condition could bealleviated in this manner. Commissioner de Leon felt that the Commission has usually been very lib- eral in zoning matters, and therefore this particular case merits a little more study in view of the Commission's recommendation for denial. Motion by de Leon, seconded by Wallace and passed that the hearing be closed, and that action on the application be deferred. Mayor Barnard requested a determination by the Legal Staff as to whether or not the 20% Rule has been invoked in view of the petition just received, and also a determination as to whether or not the opposition affects only the requested "AB" zoning or the Special Use Permit also. Mayor Barnard announced the public hearing on the application of James R. Preis for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on all of Lots 23 and 24, Block 4, Cabaniss Acres, being the west corner of the intersection of Carolyn Drive and Wood Street. Tom Lake located the property on the map; pointed out the zoning and land use of the area, and that there is no permanent zoning designated at the present time; explained that no one had appeared in opposition to the request at the Commission hearing; that 21 notices had been mailed out, one written return received in favor, and 5 against, and no contact since that time; and that the • City of Corpus Christi, Texas Special Council Meeting January 22, 1964 Page 3 recommendation of the Zoning & Planning Commission vas that the request be approved. James R. Preis, applicant,appeared and spoke in support of his request on the basis of his plan to move a triplex onto the property and later develop the re- mainder of the property in the same manner which would upgrade the area. No one appeared in opposition to the request. Motion by Wallace, seconded by de Leon and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the change of zoning from "8-18" to "A-1" Apartment House District on Lots 23 and 24, Block 4, Cabaniss Acres, be granted. Mayor Barnard announced the public hearing on the application of Albert E. Till for a change of zoning from "R -1B" One -family Dwelling District to "I-3" Heavy Industrial District, on a one -acre tract out of Section 8, Range 5, H. L. Kinney Sectionized Lands, being on the south right-of-way line of Leopard Street, northwest of Southern Minerals Road. Tom Lake located the property on the map; pointed out the zoning and land use of the area; explained that the applicant had appeared in support of his request at the Commission hearing, and no one appeared in opposition; that 8 notices had been mailed out, 2 returns received in favor of the request, and none against; and that the recommendation of the Zoning & Planning Commission was that the re- quest for "I-3" be denied but that "1-2" Light Industrial District be approved on the basis that the uses permitted in this district are more compatible with the surrounding area. Albert E. Till, applicant, and his father appeared in support of the re- quest, explained the previous use of the property for model house display had moved., that he had lost an opportunity for development as an oil field equipment operation due to the zoning, and that he would rather have the "I-3" zoning, but would be willing to accept the "I-2" zoning recommended. No one appeared in opposition to the request. Motion by Wallace, seconded by de Leon that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the application be denied, but that a change of zoning from "R -1B" to "1-2" Light Industrial District on the one -acre tract out of Section 8, Range 5, H. L. Kinney Sectionized Lands, described in the application, be granted. • City of Corpus Christi, Texas Special Council Meeting January 22, 1964 Page 4 At the request of the Council, Mr. Lake displayed the proposed zoning of the area as presented by the Staff to the Commission, and in answer to questions from the Council as to permitted uses in the "I-3" and "I-2" districts, Mr. Ander- son, Director of Planning, indicated that he did not feel there was too much dif- ference in these two districts for this particular area. Commissioner Wallace withdrew his motion, but the Chair ruled that the motion would have to stand since Commissioner de Leon did not choose to withdraw his second. Motion by Blackmon, seconded by Maldonado and passed, with Wallace and de Leon voting "Nay", that the foregoing motion be amended to allow the "I-3" zon- ing instead of "I-2". Mayor Barnard declared that the motion to amend the original motion had carried by a vote of 4 to 2. Mayor Barnard called for a vote on the motion to close the hearing, and to grant the request for a change of zoning from "R -1B" to "I-3" Heavy Industrial District on the one -acre tract out of Section 8, Range 5, H. L. Kinney Sectionized Lands, described in the application, and the motion passed with Commissioner de Leon voting "Nay". Mayor Barnard announced the public hearing on the application of R. F. Emmord for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a 250' x 500° portion of Lot 2, Section 55, Flour Bluff & Encinal Farm & Garden Tracts, on south right-of-way line of Island Drive, northwest of Cline Street. Tom Lake located the property on the map; pointed out the zoning and land use of the area; that no permanent zoning has been designated at this time; that the applicant and the prospective owner and developer had appeared at the Commission hearing, and no one had appeared in opposition; explained that 22 notices had been sent out, 3 returns received in favor, and one against the appli- cation, and no contact since that time; and that the recommendation of the Zoning & Planning Commission was that it be approved. City Manager Whitney presented a letter received this morning from Mr. W. S. Walsh, adjacent property owner, in favor of the change of zoning, • City of Corpus Christi, Texas Special Council Meeting January 22, 1964 Page 5 J. R. Busby, prospective owner and developer of the subject property, stated that he planned to build a motel and restaurant and desired to start con- struction as soon as possible. No one appeared in opposition to the request. Motion by Roberts, seconded by de Leon and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on the 250° x 500° portion of Lot 2, Section 55, Flour Fluff & Encinal Farm & Garden Tracts, described in the application, be changed from "R -1B" to "B-4" General. Business District. Mayor Barnard announced the public hearing on the application of Lyle 0. Tanner for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lot 45, Block 1, Flour Bluff Point, on the southeast right-of-way line of Green Bay Drive, northeast of Lexington Boulevard. Tom Lake located the property on the map; pointed out the zoning and land use of the area; that no permanent zoning has been designated at this time; that at the Commission hearing, Mr. Tanner appeared in support of his request and presented a petition of approximately 200 signatures in favor of the request; that 4 other persons appeared in favor, 1 person appeared in opposition, and 1 person was neither for nor against; explained that 19 notices were mailed out, 7 returns received for, and 3 against, and 1 additional return received in favor since that time; and stated that the recommendation of the Zoning & Planning Com- mission was that the request be denied, but that, in lieu, a Special Permit for a barber shop and residential use be approved subject to the following conditions; (1) That outdoor advertising and signs be limited to one sign of no more than 2 sq.ft. in size, that it be unlighted, that it does not protrude above the roof line and that it be flat against the building; (2) That a minimum of 3 off-street parking spaces be provided; and (3) That all other regulations of the "AB" Pro- fessional Office District be complied with. Lyle 0. Tanner, applicant, appeared in support of his request; showed pictures of the building; explained he intended to use the property across the street for parking with the permission of the owner; that the 200 signatures • City of Corpus Christi, Texas Special Council Meeting January 22, 1964 Page 5 J. R. Busby, prospective owner and developer of the subject property, stated that he planned to build a motel and restaurant and desired to start con- struction as soon as possible. No one appeared in opposition to the request. Motion by Roberts, seconded by- de Leon and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on the 250° x 500' portion of Lot 2, Section 55, Flour Fluff & Encinal Farm & Garden Tracts, described in the application, be changed from "R -1B" to "B-4" General Business District. Mayor Barnard announced the public hearing on the application of Lyle 0. Tanner for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lot 45, Block 1, Flour Bluff point, on the southeast right-of-way line of Green Bay Drive, northeast of Lexington Boulevard. Tom Lake located the property on the map; pointed out the zoning and land use of the area; that no permanent zoning has been designated at this time; that at the Commission hearing, Mr. Tanner appeared in support of his request and presented a petition of approximately 200 signatures in favor of the request; that 4 other persons appeared in favor, 1 person appeared in opposition, and 1 person was neither for nor against; explained that 19 notices were mailed out, 7 returns received for, and 3 against, and 1 additional return received in favor since that time; and stated that the recommendation of the Zoning & Planning Com- mission was that the request be denied, but that, in lieu, a Special Permit for a barber shop and residential use be approved subject to the following conditions: (1) That outdoor advertising and signs be limited to one sign of no more than 2 sq.ft. in size, that it be unlighted, that it does not protrude above the roof line and that it be flat against the building; (2) That a minimum of 3 off-street parking spaces be provided; and (3) That all other regulations of the "AB" Pro- fessional Office District be complied with. Lyle 0. Tanner, applicant, appeared in support of his request; showed pictures of the building; explained he intended to use the property across the street for parking with the permission of the owner; that the 200 signatures • City of Corpus Christi, Texas Special Council Meeting January 22, 1964 Page 6 represented his neighbors, customers, business associates, and friends; described the construction of his building; and stated that he plans to operate by appoint- ment only. Don Brewer, owner of Lots 48, 49 and 50, Block 16, and Mrs. Harris appeared in favor of the barber shop and the business zoning. M. C. Floyd, 1309 So. Lexington Boulevard, appeared in opposition to the request; stated he had sold the adjacent Lot 46 to Mr. William Eldridge; that the building on the subject property extended over the 25' established building line; that the developer, John L. Thompkins, had restricted all construction to the 25' building setback line; that the concrete was poured on October 2nd; that water drains under the house on Lot 46 as a result of the construction; that he had shown the Council pictures of the parking hazards when the Interim Building Permit was turned down; that people are still parking on Mr. Eldridges's property; and that this is a residential area. City Manager Whitney reminded the Council that a previous request for an Interim Zoning Permit for this construction was denied on the basis that the matter would be more properly handled as a zoning request; and suggested this might be a matter for determination as to when the construction was begun in view of the Council's policy with respect to newly annexed areas. William Eldridge, owner of Lot 46, explained that he was the person who had appeared neither for nor against the request at the Commission hearing; that since then he has been unable to keep people from parking on his property; and that he was now opposing the application. Mr. Tanner stated he plans to use the 3 lots across the street for park- ing; that he will build a curbing to keep all water off Mr. Eldridge's property, and comply with all the regulations imposed; that although the concrete was poured on October 2nd, a lot of work was done before the foundation could be poured; and that the restriction of this property reads that all properties on Green Bay Drive will be residential exclusive of Lots 1, 2, 3, 4, 5, 6, 45 and 46. Mr. Floyd stated that if Mr. Tanner's statements as to the restrictions and as to the beginning of the construction are true, and if his plans as to the parking and drainage problems are carried out, that he and Mr. Eldridge would not oppose the request.